Officer v. Marshall

KEY, Associate Justice.

— Appellants brought this suit against appellees upon a note alleged to have been executed by them and one H. L. Marshall, who was also made a party defendant, but as to whom the plaintiffs subsequently dismissed, he being notoriously insolvent. The plaintiffs alleged, that the note sued on was not in their possession, and that they were unable to produce the same, because, after the maturity thereof, said H. L. Marshall, acting for himself and purporting to act for the other defendants, offered to plaintiffs in payment of the said note another note for a like amount,…